This is because there is a reasonable expectation in Virginia that you properly maintain your vehicle. Hampton, VA 23663 However, the actual amount you will end up paying will vary depending on your specific situation including: your record, your speed, the judge hearing your case, the prosecutor, and the local court policy. Filing an appeal is usually a simple process as long as you tell the district court clerk that you want to appeal. Stating that your speedometer was incorrect, or that your brakes failed, is not a valid defense in most Virginia courtrooms. Testimonials & Reviews: Our Clients Words. If you have any questions during the stop itself, ask the officer who issued you the ticket. Therefore, even if you are a first-time offender, there are no guarantees that this option exists for you. The outcome of any trial is not certain. Fax: (804) 355-8875 Reckless driving is one of the most commonly charged traffic crimes in Virginia, usually for cases of speeding. Seek competent legal counsel for advice on any legal matter. If you want to appeal your reckless driving conviction, you must file the appeal within 10 days. Even if you have already gone to court and been found guilty, it may not be over and you may be able to appeal. 2023 Greenspun Shapiro PC, All Rights Reserved, Reproduced with Permission. . Not surprisingly, the answer is, it depends. First of all, it is always very important to consult with an experienced traffic attorney who has a great deal of experience handling traffic matters in the jurisdiction in which your case is pending before you decide how you should plead to the charge. Examples of other forms of reckless driving include drowsy driving, passing a stopped school bus, and drag racing. What is Constructive Desertion in Virginia. If your speedometer was off in your favor this could be used to mount your defense. In a case where just the judge is involved, in a lot of those cases where the evidence is in order, I would probably advise my client to plead no contest. Speeding is only a traffic infraction, but reckless driving due to excessive speed is a criminal offense. Reckless driving means driving a car while willingly disregarding the safety of property and people. Farm use license plates and F-tags are useful ways for farmers to save money on their vehicles. Jacob has been our lawyer for 3 years now and he is excellent. This means that, in the eyes of the court, reckless driving is as serious of an offense as assault, impersonating a police officer, and certain forms of arson. By limiting my practice to traffic and misdemeanor issues, I have developed and maintained professional relationships with officers and prosecutors in local courts. One question I get from prospective clients, that is a little bit frustrating, is How should I plead? What You Need to Know About Radar Readings If Youve Been Charged With Speeding or Reckless Driving in Virginia, What You Need to Know About Getting a Speeding Ticket in Virginia. Aggressive driving is driving which causes a hazard to another person or which is intended to harass, intimidate, injure, or obstruct another person. This is one reason why out-of-state drivers are often charged with reckless driving offenses in Virginia. 720 Mall Parkway We are Virginia traffic attorneys who have represented hundreds of client in Northern Virginia for cases involving reckless driving, speeding, DUI/DWI, refusal, hit-and-run, driving on a suspended license, and driving on a revoked license. It is in your best interest to contact an attorney that handles VA reckless driving cases for a consultation immediately after receiving the ticket. If you have a strong argument for innocence, your attorney may attempt to get the case dismissed entirely. While an officer can arrest you for the offense, they usually do not. This is particularly true if it is a particularly egregious speed or if it is a repeat offense. Motorists who cause severe injuries to another person while . Then the court hears from the officer. A driver who has already pleaded guilty to reckless driving is generally not able to appeal if he later decides that the plea was not in his best interests. Reckless driving, unsafe passing . The Notice of Appeal form will list a date . This can be handled by agreement with the prosecutor, or even done by the Judge after a trial. First, look at the charges or law section part of the ticket. You were driving unsafely, or at an unsafe speed. Youre left stunned. As the saying goes, anything you say can and will be used against you in a court of law. One is to get your speedometer calibrated at a Virginia auto shop. So thats just a little taste of the different plea choices and why its impossible, without knowing all the facts of the case and talking with the officer and any witnesses, to make a good decision and advise a person about how they should plead. The Weiland Firm, PLC is a well-established and respected Virginia law firm specializing in traffic law specifically reckless driving, DUI and speeding. If you do not show up for your court date, you will be convicted in your absence and subsequently have a criminal record. Though reckless driving is generally prosecuted as a misdemeanor, you may be charged with a felony under certain situations. Specifically, for alleged speeds around 100+ MPH, jail time becomes a real possibility that needs to be addressed. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. If your attorney cant get your case dismissed outright, theyll instead argue for lesser charges. Make sure to attend both your first appearance (if applicable) and your trial date. Under Virginias implied consent law, anyone who drives on a Virginia highway automatically consents to breathalyzer and blood testing upon a DUI arrest. . The court enters judgment and you leave the courthouse having been convicted of Reckless Driving. Virginia State Crime Commission Evaluates Drunk Driving, Virginia School Principal Arrested For DWI & Hit And Run In Loudoun County, False Claims Act / Whistleblower Litigation. 41-6a-528 Reckless driving -- Penalty. I will carefully review the facts of your case in determining how best to reach your goal. Jail time, much like the fines, will vary depending on your speed, your record, and the locality. All parties who plead guilty to a wet and reckless driving charge work with the prosecuting attorney to determine the terms of your guilty plea. Disclaimer: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. as well as other, more specific sections in the statute, scratch out the prepayment information on the ticket. Andrew wrote the book on reckless driving. However, everyone has the right to appeal from a district court ruling provided they meet the requirements above. You can appeal a guilty verdict in a reckless driving case under a couple of conditions. Reckless driving is a Class 1 misdemeanor in Virginia, punishable by hefty fines, license suspension, and even, in some cases, jail time. . Attorney Charles V. Hardenbergh is committed to helping Virginia drivers build a solid defense for their reckless driving cases. ", "I feel quite lucky to have hired The Wilson Law Firm to handle my case. Andrew earned hisJuris Doctor degree from theUniversity of Virginia School of Law and then opened his practice in 2008. Your Virginia reckless driving defense attorney can help you accomplish this. Speeding tickets are traffic infractions, not misdemeanors. In addition, you may not prepay reckless driving citations in Virginia. Its a no-brainer. Depending on the circumstances of your reckless driving case, your lawyer may argue for one of two options. In order to better understand your ticket, and the strategies you have for fighting it, you should also know the differences between speeding, improper driving, and reckless driving. Virginia reckless driving consequences of large fines, jail sentences, increased insurance premiums, and the resulting criminal record remain the same for both local drivers and out of state drivers. Even with all this helpful information, sometimes you just need to talk. That is part of the reason why it is so important to contact a skilled reckless driving attorney as soon as possible after you are charged with reckless driving. Additionally, many Virginia judges mandate these classes anyway as part of a plea deal. While fines and jail time are direct consequences of a criminal conviction, having a crime on your record can negatively impact your life in other ways. The officer can (and will) testify to anything that happened during the traffic stop, including any statements that you made to the officer regarding your speed. Phone: (757) 656-1000, Virginia Beach Our special report about driving on suspended explains six critical issues to possibly fight in your case. This means that a successful conviction can lead to jail time, massive fines, and even the loss of your license. If youre unhappy with the outcome of your trial, talk to your lawyer immediately about filing an appeal. Not always, but frequently enough, a car speedometer can be off by several MPH, especially at higher speeds. Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Mr. Wilson is a true professional. Typically most wet reckless driving charges result in the following: For this reason, many people charged with DUI often seek out the possibility of reducing their charge to a wet reckless. In Virginia, you have the automatic right to appeal any finding by the general district court. Out-of-state drivers may also lose their privilege to drive in the Commonwealth of Virginia. There are several steps we typically (though not always) advise Clients to do when facing a Reckless Driving charge. The other choice of plea would be no contest. And in many Northern Virginia jurisdictions (like Fairfax County), the commonwealths attorney (the prosecutor) will not speak with a client who is not represented by counsel. Call Free Consultation (703) 350-4877. Here is what you are agreeing to when you sign the summons: If you refuse to sign the reckless driving summons, the police officer may assume that you will not appear in court and has the discretion to arrest you and take you to the police station to be booked. Indeed, pleading not guilty or no contest before such a judge could prove to be a very costly mistake, especially to a person concerned about the affect the reckless driving conviction could have on their driving record, auto insurance rates, employment, or driving privileges. However, most first-time offenders can avoid jail by instead performing community service. If an officer stopped you for speeding, make sure to take note of the speed written on the ticket. Confidential or time-sensitive information should not be sent through this form. Reckless Driving in Virginia is a Class 1 Misdemeanor, which includes: In Northern Virginia, it is not uncommon to find yourself in Federal Court. You understand that if you fail to attend your court hearing, you could be arrested. Your case gets called and the judge asks you how you plead. Am I pleading guilty if I sign a reckless driving ticket? 6 Reasons a Lawyer Should Fight Your Ticket. Experienced attorneys can let you know whether the judge you are in front of is likely to be harsher than the lower court judge. When a judge is evaluating the appropriate sentence for your conviction, he or she will consider prior reckless driving convictions, your driving record or DMV point rating, whether or not your actions caused injury, and your demeanor with the officer and the court. How Long Does a Reckless Driving Stay on Record in Virginia?
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